A Veteran Military Officer, Sarah Thompson, is the last open Nov 8 Election Day challenge case in the state of Georgia. The others were similar, but dismissed for being slightly too broad in their requests for relief. On Nov 30, a second hearing for her matter was held at the Bulloch County Superior Court.
The primary grounds are based on the county's decision to impose a voting system that requires citizens to cast a paper that bears a two-dimensional, unreadable, unverifiable, variable barcode. The paper, with 'official ballot' at the top includes some human-readable text that citizens must 'trust' and 'assume' is what is contained in an unencrypted, non-decodable bar code. This code is created after being 'interpreted' from the touchscreen ballot marking device, and then it is scanned in by voters for yet another interpretation. The readable text is not the official record of voter intent, that the election theater hopes that you will believe.
Per the Master Solution Agreement between Dominion and the Office of the Secretary of State, it is the bar code that is read by the ImageCast X scanner and tabulator, not the 'written summary of elector's choices.' The state deceives citizens in this regard by giving them the 'feel good' experience of reading a piece of paper that they check, with the best effort of their short-term memory. Thompson and her citizen colleagues, who determinedly joined her at the courthouse on Wednesday morning from at least eight other Georgia counties, are not deceived.
Your Honor, we don't have the decoder ring, looking glass, nor do we have bionic eyes to read it.Sarah Thompson
She asserted that being required to cast a piece of paper with this form may be forcing citizens to commit an illegal act in order exercise their right to the elective franchise in the state of Georgia. And, an 'official ballot' under Georgia laws, may only vary in form only as to the names of precincts, offices, candidates, or this chapter may require. The word 'bar code' is mentioned nowhere in any Georgia law, and therefore the power to imprint it on ballots is not a legislated power of the state or county. Elections must be conducted as to guarantee secrecy, however the implication is not that the ballot would be kept partially secret from the voter, as it is now. She highlighted that the federal voting guidelines of the Election Assistance Commission require that any barcode involved in voting be in standard format and open source readable. Instead, it is not industry standard and cannot be read by anyone but the Dominion-TAKING election company conducting its 'Master Solution' with the state government.
Your Honor, at this time, I am able to swear, affirm, or attest that I was not able to cast a lawful, official ballot containing my vote selections.Sarah Thompson
At the first hearing, held on Nov 17, the judge asked her to describe the election discrepancies she had noted. As a results of this, she filed multiple additional documents into the case to represent her personal experience in attempting to engage open government since the May primary election in Bulloch. One of the most significant issues is the denial of the right to copy and inspect election records because of the objection of state officials and the denial by the county attorney, seemingly mesmerized by the power of the state.
Most recently, Thompson filed a 21-page open records request asking again for the public election property, and the county attorney denied her once again. She considers this treatment lacking good faith and some rising to the level of crime. One of the most grievous acts she located through dozens of public records requests was the signing of a resolution on Jun 13 to backdate the county's nearly blank primary election certificates bearing the seal of the state of Georgia. After conducting an act violating Georgia law, election officials presented altered documents to the lawful custodian, the clerk of court, two weeks beyond the lawful transfer date of May 27 or May 31.
Thompson has asked the judge to defend her county by taking steps to secure free, fair, and correct computation of votes cast. The HOME RULE provisions of the Georgia Constitution include the power to halt unlawful election activities and enact reasonable local ordinances that protect COUNTY HOME RULE. Her prayer for relief includes a 100% handcount of the general election to address the irreparable injury to every voter in the county, which is a remedy that the judge has the power to order under GA Rule 183.
Another strong argument made was made that, in order to move off purely paper ballot voting and increase indebtedness related to adopting the use of any new voting machine system, counties needed to conduct a referendum vote with those two questions asked separately on the ballot. The code sections she cited were GA Code 21-2-320 and 321. Additionally, an opinion of a former Georgia Attorney General listed as a legal annotation in section 321 equates the municipal entity and county entity as equally responsible to citizens for requesting such powers per referendum.
Thompson also cited several experts, including Professor Alex Halderman and Dr. Philip B. Stark.
Auditing elections that were conducted primarily using Ballot Marking Devices are meaningless: an audit could easily confirm an incorrect outcomes, because a BMD-generated paper trail is not a trustworthy record of voter intent.Dr. Philip B. Stark, Department of Statistics, University of California, Inventor of the Risk-Limiting Audit
Reference documents include the Department of Homeland Security's Cybersecurity Infrastructure and Security Agency June 3, 2022 Vulnerabilities Advisory for Georgia's Imagecast X electronic voting system, Federal Judge Amy Totenberg's opinion and order in Curling v. Raffensperger, the Halderman Report, and Federal Voluntary System Performance Guidelines of the Elections Assistance Commission.
Extremely competent citizens from multiple counties also provided well-constructed testimony supporting Thompson's complaint attempting to protect the constitutional rights of Bulloch citizens. Ted Metz, former candidate for Secretary of State in this election cycle from Cobb County gave testimony on the overly complex Dominion system, which invites exploitation of vulnerabilities. Cason Carbaugh, former candidate for the Georgia House from Pierce County at the youngest age of 21, shared compelling testimony respecting the concerns of his voters and the dramatic system discrepancies found in primary election of Mrs. Michelle Long Spears in Dekalb County, which moved her from third to last place. From Bibb County, Mrs. Amanda Prettyman shared some inside observations of election operations that significantly impact record chain of custody, along with data retention and tabulation issues she has personally tracked. She also expressed insight into the reticence of government officials to using their power to actually investigate Georgia elections, and not just hear complaints.
The judge should release an opinion and/or order within the week.
Update: Regarding the material custody issue reported to the Bulloch County Sheriff on Nov 25, it appears that the period of property crime ended the morning of Nov 30, when the Bulloch Clerk of Court gave notice of lawful material transfer to Thompson as she arrived to court. In the early morning hours that day, she had personally gone to get the 14 cartons of election materials and two envelopes, likely containing the election certificates and cast vote records (CVRs), from the Elections Department herself. By law, the certificates and CVRs shall have been transferred on Nov 15 by the Elections Superintendent, immediately following the election certification meeting by the Bulloch Board of Elections and Registration. Since that time, Thompson also found that the proper public notice of that meeting was not given to the Statesboro Herald, the required county legal organ.
Thompson was interviewed regarding this matter just prior to the hearing by former White House press correspondent, Emerald Robinson, on her Absolute Truth program that airs Monday through Friday on the Frankspeech network.